Legacy

Are CRB checks necessary for the Melton Mowbray Town Estate?

Are CRB checks necessary for the Melton Mowbray Town Estate?

On the 12th November 2009, Melton Mowbray Town Estate contacted the Criminal Records Bureau Department in the Home Office with regards to whether or not the Charity need personnel to be CRB checked.

The Town Estate outlined their position to the Bureau as follows;

Melton Mowbray Town Estate own, and maintain the town centre parks – they are not a council, they are a charitable organisation which run the parks for the benefit of the town. They provide facilities within the parks i.e. there is a children’s play area, a café, tennis courts, and a sports pitches. The Charity does not manage activities relating to children and/or vulnerable adults. The Charity does not engage in activities relating to supervising children and/or vulnerable adults.

In the employment of the Charity are kiosk (cafeteria) staff, and grounds men (the people that maintain the upkeep of the parks e.g. the mowing of grass etc. The staff (employees), which are employed by the Charity are not in positions to supervise children and/or vulnerable adults.

Would the aforementioned employees need to undertake a CRB check?

Melton Mowbray Town Estate provide facilities and do not manage/engage in activity relating to supervising children and/or vulnerable adults. Would CRB checks be necessary for the trustees of the Charity?

The response the Town Estate received from the Criminal Records Bureau was;

“To clear up this specific instance; it would seem that – based on the information provided – that these posts would not qualify for a CRB Disclosure. This would be because they are not specifically concerning assisting or supervising children or vulnerable adults.”

The Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974 lists the types of work, employment or professions on which you can legally obtain a CRB check.

Therefore before an organisation considers asking a person to make an application for a Standard or Enhanced Level CRB Check they are legally responsible for ensuring that they are entitled to ask that person to reveal their conviction history.

The positions listed in the following document, CRB – Eligible Professions Guide – which represents the professions, offices, employments, work and occupations that are known as the exceptions to the Rehabilitation of Offenders Act 1974. This is not an exhaustive list but identifies those roles/positions that are commonly submitted by organisations seeking CRB checks. Organisations registered with the CRB can only countersign an application for a CRB Check if the position is included in this list.

Furthermore, under Cabinet Office guidance, it states that should organisations apply for CRB checks unnecessarily they would risk prosecution.

Melton Mowbray Town Estate recognise that under current legislation, unless they are undertaking a ‘regulated activity’, there is no requirement for employees who do not have responsibility of children and/or vulnerable adults to be CRB checked.

This is continually reviewed alongside the Town Estate’s policies and procedures as legislation dictates.

The Town Estate are committed to ensuring that all children and vulnerable adults are protected and kept safe from harm whilst engaged in activities organised by the Town Estate, and as far as is reasonable practicable on its grounds.